NASSAU* SUFFOLK QUEENS MANHATTAN BRONX WESTCHESTER

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1 The History of Grey & Grey, LLP. In 1967, David Grey opened a law office in Farmingdale, New York to represent injured and disabled workers. In 1971 his father, Arthur Grey, retired after a fortyyear career with the New York State Workers Compensation Board and joined the firm, forming the original Grey & Grey, Esqs. (known today as Grey & Grey, LLP). David Grey served as the firm s managing partner for over forty years from 1967 through Arthur Grey retired in 1980, but Robert Grey, David s son, joined the firm in 1990, becoming the third generation of the family to practice law. Robert has been the firm s managing partner since Grey & Grey Today Today, Grey & Grey is made up of nearly 40 partners, associates, and staff taking care of clients in four offices (Manhattan, Queens, Nassau, and Suffolk). Our three departments handle cases involving workers compensation, Social Security disability, personal injury, long term disability, and disability retirement. In addition to offering superior legal representation, Grey & Grey has been widely recognized as a leader in our practice areas. Our attorneys lead political action committees that advocate for the interests of injured workers, serve on government task forces, provide technical assistance, education and representation to unions, and serve on the boards of nonprofit organizations that protect and educate workers. In recognition of our knowledge, experience, and leadership, we are routinely asked to give continuing legal education other lawyers throughout the state. When you choose Grey & Grey to handle your case, and when you recommend us to your friends and family, you can do so with confidence. INSIDE THIS ISSUE Workers Compensation 2-3 Social Security Disability 4-5 Personal Injury 6-7 Top Ten Things Union Members Need to Know 8-11 What You Need To Know About Occupational Hearing Loss NASSAU* SUFFOLK QUEENS MANHATTAN BRONX WESTCHESTER 360 Main Street 646 Main Street Queens Boulevard 115 Broadway 305 East 149th Street 203 East Post Road Farmingdale, NY Port Jefferson, NY Suite 618 Suite 403 Second Floor Suite E (516) (631) Forest Hills, NY New York, NY Bronx, NY White Plains, NY *Direct all mail to Nassau office. (718) (212) (718) (914)

2 -2- Workers Compensation The Workers Compensation Law was passed by the New York State Legislature in 1914 as a compromise between employee and employer interests. As part of the compromise, employees gave up their right to sue their employers for negligence resulting in injury. In return, employees would receive payment from workers compensation without regard to fault as long as the accident or injury was related to work. WHAT IS COVERED To receive workers compensation benefits, an employee must prove that there was an accident in the course of the employment, that the employer was notified, and that the injury and disability were caused by the accident. A claim for an accident must be filed with the Workers Compensation Board within two years of the accident, unless the failure to file is excused for certain limited reasons. Occupational diseases are also covered by workers compensation. An occupational disease is a condition that develops over a period of time because of the type of work a person does. For example, a person who performs a data entry job may develop a problem with their hands or wrists. If a doctor feels that the cause of the problem is the person s job, involving repetitive use of the hands, this may qualify as an occupational disease under the law. AMOUNT OF COMPENSATION The amount of compensation that an injured employee may receive depends on three things: The worker s average weekly wage, the date of the accident, and the level of disability. The most that an employee can receive in compensation is two-thirds of his or her average weekly wage. However, payment may be further limited by the maximum rate that was in effect on the date of accident. The maximum rates in recent years are as follows: 7/1/92 6/30/2007: $400 per week 7/1/07 6/30/2008: $500 7/1/08 6/30/2009: $550 7/1/09 6/30/2010: $600 7/1/10 6/30/2011: $ /1/1l 6/30/2012: $ /1/12 6/30/2013: $ /1/13 6/30/2014: $ /1/14 6/30/2015: $ Since 2010, the maximum rate has changed on July 1 each year, and that should continue in the future. The amount of compensation to which a person may be entitled also depends on his or her degree of disability. A person may be either totally or partially disabled. Total disability is an inability to do any kind of work whatsoever. Partial disability means that a person can do some type of work, even if they cannot do the type of work they were doing at the time of the accident. For example, a concert pianist who loses a finger may be totally disabled from his work as a musician, but is only considered partially disabled because he still has the ability to do other kinds of work. A person who is partially disabled may receive compensation in an amount less than the maximum rate. There are different degrees of partial disability, and the precise rate to which a person is entitled depends on the degree of their disability. There are also different time periods that permanent partial disability benefits are available which depend on the degree of disability. Once a compensation case is accepted by the insurance company established by the Compensation Board, medical expenses related to the accident are covered. Only doctors and chiropractors who are coded by the Workers Compensation Board may treat compensation patients. Doctors and chiropractors are not permitted to bill a compensation patient directly but must send their bills and reports to the insurance company and the Workers Compensation Board. If there is a dispute regarding a medical bill, the insurance company must file a form with the Compensation Board advising it of the dispute. The bill will then be addressed at a hearing or sent to arbitration, but while it is pending the health care provider must wait to be paid. As of December 1, 2010, many medical tests and treatment are covered by the Workers Compensation Board s Medical Treatment Guidelines. The Guidelines pre-approve many tests and treatments, but limit others. In most cases, even if a test is approved under the Guidelines, the insurance company can require you to use a facility they choose to have the test performed. Your doctor can ask the Board to approve treatment outside the Guidelines through the variance process.

3 -3- What a Compensation Client Should Do -If your disability prevents you from working, you must see a doctor at least once every three months. The doctor must then file C-4.2 forms certifying that you are disabled. The insurance company does not have to pay you for any time period in which you do not have medical proof of disability. -You should keep track of your out-of-pocket expenses. You are entitled to be reimbursed for prescriptions, bandages, and similar items. You are also entitled to be reimbursed for mileage for travel to and from doctors, therapists, etc. -If your injury involves an arm, leg, hand, foot, fingers, toes, hearing loss, vision loss, or facial scar you may be entitled to a money award even if you do not miss time from work. It is unlikely that either the insurance company or the Workers Compensation Board will take steps to make sure that you receive your award. You should consult Grey & Grey to make certain that you receive your proper award. -If you return to work after an accident and you are making less money due to your disability, you must continue to see the doctor on a regular basis and you must keep a careful record of your earnings. You should keep all of your pay stubs in an envelope and make extra copies of your tax documents. You may be entitled to workers compensation benefits for the loss of earnings. -HOWEVER, YOU MUST NOTIFY THE INSURANCE COMPANY AND GREY & GREY IF YOU RETURN TO ANY KIND OF WORK FOR ANY PERIOD OF TIME AFTER AN ACCIDENT. FAILURE TO REPORT WORK WHILE COLLECTING WORKERS COMPENSATION BENEFITS IS ILLEGAL AND MAY RESULT IN LOSS OF WORKERS COMPENSATION BENEFITS AND CRIMINAL PROSECUTION. -Insurance companies often send out questionnaires, rehabilitation nurses, and investigators to ask questions and interfere with medical treatment. You may fill out these questionnaires and speak to these individuals only to confirm your address and your work status. You should tell them that you are represented by Grey & Grey and to contact our office if they want any other information. (We will probably tell them that they are not entitled to any other information). -Whenever the Workers Compensation Board schedules a hearing in your case you must bring an up-todate medical report with you to the hearing. -If you are out of work for more than six months, you should call our office to find out if you are eligible for Social Security Disability benefits. -If your doctor feels you can do some work, even if you cannot return to your own job, you must look for work to protect your compensation benefits. The best way to do this is to call VESID for retraining or go to a One-Stop Career Center operated by the Department of Labor. What Grey & Grey Does -We will provide you with all the forms you need to file your claim, and we will file the claim for you after the paperwork is complete. -The insurance company is not defenseless. It can and often will arrange examinations with medical consultants to obtain opinions about whether you are disabled or need medical treatment. After such an exam, you may be notified that your payments have been suspended or reduced or that the insurance company is denying further medical treatment. If you let us know that this is happening, we will request a hearing for you. -When the Compensation Board schedules a hearing in your case, we will appear on your behalf and present your claim to the Judge. You should also be present in case questions come up that we need you to answer. -Not all problems can be resolved at a regular hearing. Sometimes a trial or deposition testimony is needed from you, the doctors, or other witnesses. If a trial is necessary, we will try your case to the best of our ability and take whatever testimony is needed to help you win your case. -We want to obtain the best possible result for you in your workers compensation claim. We will track your claim from beginning to end, explain your rights under the law and what is needed to win your case, and work with you to get the necessary documents or evidence. Our goal is for you to receive the benefits to which you are entitled.

4 -4- SOCIAL SECURITY DISABILITY Disability insurance coverage was added to the Social Security Act by Congress in It provides disability benefits to certain workers under age 65 who are unable to engage in any work activity for a continuous period of twelve months or more. WHAT IS COVERED To receive benefits, you must first prove that you are insured. To be insured, you must have worked a sufficient number of years and paid sufficient social security taxes. Some individuals may receive benefits on another worker s account (widows, disabled adult children). You can find out if you are insured for social security disability or retirement by contacting the Social Security Administration. If you are insured, then you must prove that you have a medical problem (physical, mental, or emotional) which has lasted or will last for at least twelve months and which prevents you from doing any job you have done in the past fifteen years, or any other job for which you are suited medically and vocationally. If you return to work within one year of the onset of your injury or illness, you are not entitled to disability benefits. However, a short unsuccessful attempt to return to work may not disqualify you from benefits. No benefits are ever given for the first six months of disability. If benefits are awarded, they may be retroactive for up to 12 months before the application date. However, if you apply more than 18 months after the onset of the disability, you will lose a month of benefits for every month you delay. If you are not insured for Disability Benefits, but are disabled within the meaning of the Act, you may be eligible to receive benefits under the Supplemental Security Income (SSI) program. SSI benefits are provided to poor individuals and both income and asset tests must be met in addition to proving disability. BENEFITS PROVIDED The amount of social security disability benefits which you can receive is determined in part by your past earnings. Social Security has a record of those earnings and you can check to see that the record is correct. In addition, a disabled person is entitled to Medicare benefits after they have received social security disability benefits for two years. Disabled workers often receive disability benefits under several plans and government programs. For example, many workers receive workers compensation benefits at the same time they receive Social Security Disability benefits. However, special rules may limit the total amount the disabled worker can receive. If you win your Social Security Disability case, you may receive an initial award for a retroactive period of disability. If you are still disabled, benefits may continue to be paid on a monthly basis. If you are no longer disabled, you will only receive benefits for the period of disability. The test for receiving Social Security Disability benefits is that you must be unable to perform substantial gainful activity. Therefore, if you return to work while receiving disability, you must report that to the Social Security Administration. Not all work is substantial gainful activity, however, and under some circumstances limited work, or work for a limited period of time, may not affect your entitlement to benefits. Receiving Social Security Disability benefits can affect your retirement benefits in a positive way. Retirement benefits are based on an average of your total lifetime earnings. When you are disabled you have no earnings. However, if you are found eligible for Social Security Disability benefits your zero earnings for the time you are disabled will not count and your retirement benefits may be higher.

5 -5- THE PROCESS Most disability applicants should expect to spend about eighteen months waiting for their case to be approved. There are several steps in a disability case. First, an initial application is filed with the local social security office. Social Security checks the record to be certain that you are insured, obtains birth certificates and possibly work records, and requests medical information from your doctors. This process may take up to eight months, and many people are denied at this point. If the initial application is denied, we can request a hearing before an Administrative Law Judge. The judge will then review the entire case, take testimony from the applicant and any other witnesses, and make a decision based on the evidence. Due to delays in the Social Security system, however, it sometimes takes a year or more for the Administration to schedule a hearing. If the application is denied by an Administrative Law Judge, there are further appeals possible, up to and including an appeal to the federal courts. WHAT A SOCIAL SECURITY DISABILITY CLIENT SHOULD DO You must see a doctor on a regular basis. Disability can only be proved with medical reports. While you may see chiropractors, physical therapists, and clinical social workers for therapy, Social Security does not regard these individuals as doctors. Therefore, you must see a medical doctor, preferably a specialist, about your problem. You must provide us with information about your work history for the past 15 years and all medical treatment and evaluation you have received for your disability. You must come into our office to complete forms when we ask you to. You must fill out forms that Social Security sends to you. You must advise our office if you return to work of any kind. Some work efforts are encouraged by Social Security and will not hurt your case. We must evaluate each situation individually. If we do not represent you in your workers compensation case, you must provide us with copies of decisions in your case showing the amount of benefits you are receiving. -You must pay for medical records from your treating doctor at the time we request a hearing on your behalf. WHAT GREY & GREY DOES If you contact us after you have been disabled for three to six months and you have not filed an application for Social Security Disability benefits, we will prepare and file your application for you. -If you have been denied in your application for benefits, we will prepare and file your appeal papers for you. We will review your file prior to a hearing and ensure that all available necessary medical information is provided to the Administrative Law Judge. We will appear at a hearing on your behalf and present your case to the Judge. If your application is denied by an Administrative Law Judge, we will work with you to determine whether an appeal is warranted. We will check the benefits you receive after a favorable decision to ensure that you are receiving the correct amount and that workers compensation offsets have been correctly computed. We want to obtain the best possible result for you in your Social Security Disability claim and will work with you to obtain the benefits to which you are entitled. You must contact us when you receive a decision from Social Security (a denial or an approval of your case) and when you receive your first check. (While Social Security is required to notify us, in approximately 30% of our cases they never send us a copy of what they have sent you.)

6 -6- PERSONAL INJURY The law of negligence is centuries old. The American system of negligence was inherited from the English system, called the common law. The common law is a series of decisions of judges in different areas of law. The area of law which governs negligence cases is called tort law. The word tort is Latin for wrong, and the law of negligence is concerned with both accidental and intentional wrongs. The parties to a negligence case are called the plaintiff and the defendant. The plaintiff is the person who has been injured and who alleges that his or her injuries were caused by the negligent conduct of the defendant. In a negligence lawsuit, the plaintiff has the burden of proof. This means that the plaintiff must show that it is more likely than not that the defendant s actions were wrong and that those actions caused the plaintiff s injuries. THE STEPS OF A PERSONAL INJURY CASE A personal injury lawsuit usually begins when the plaintiff files a summons and complaint with the court. The summons is the legal document that gives the court the power to pass judgment on a defendant. The complaint describes the facts and circumstances of the accident. It must show that the defendant had a duty not to injure the plaintiff, that the defendant violated that duty, and that the plaintiff s injuries were directly caused by the defendant s violation. A duty may be established by common sense, by a statute, or otherwise. A violation is established by the facts as determined by a judge or jury. Injuries are established by medical proof. After the summons and complaint is served on the defendant, the defendant s insurance company or attorneys answer. The answereither admits or denies the facts alleged by the plaintiff and also states any legal defenses to the claim. The law gives both the defendant and the plaintiff an opportunity to find out information about the claims and defenses before trial. This is called discovery. Along with the answer, the defendant usually asks for information by using discovery demands. The plaintiff must respond to these demands as long as they are proper demands. Once the plaintiff has responded to the defendant s demands, the plaintiff sends the defendant his own discovery demands. The defendant must respond to these demands as long as they are proper demands. As part of the discovery process, the defendant s attorneys are permitted to ask the plaintiff questions at a meeting called a deposition or examination before trial. This may take place at an attorney s office or at the courthouse, depending on the individual case. The plaintiff s attorneys are also entitled to depose a person from the defendant. If the defendant is a large company, disagreement may arise as to what person should be questioned and rulings by a judge may be necessary. After discovery is completed, there is usually a conference with the judge to certify that a case is ready for trial. If the judge believes that all discovery has been completed, the case will be placed on the trial calendar. Because of the large number of cases in the court system and the shortage of judges, it is ordinarily at least two years from the time a case is placed on the trial calendar until the time it is called for trial. WHAT A PERSONAL INJURY CLIENT SHOULD DO At the initial interview, you should be prepared to describe everything about your accident in as much detail as possible. During the initial interview or during the progress of the case, we may ask you to find out certain facts or to send us certain documentation. Please try to send us materials as soon as possible. If it is not apparent what something is, include an explanatory letter. We may need you to go with a member of our staff or an investigator to the scene of your accident. If we schedule an appointment for you, please call us immediately if you need to cancel or reschedule. If your injuries are visible (for example, a cast or a scar) you should periodically take photographs of the injury and send them to us with a letter indicating the dates they were taken. If property damage was involved in your accident (for example, damage to an automobile from an accident or damage to a building from an explosion), please tell us so that we can obtain photographs.

7 -7- If there are witnesses to your accident, we will want to obtain statements. If you hear of anyone who knew beforehand of the dangerous situation that caused your injury, who saw the accident, or who spoke to you immediately afterward, you should obtain their full name and contact information and tell us immediately. You should keep any paperwork you receive in connection with your claim in one place (preferably an envelope or folder) in case it is needed later. This includes: Any out-of-pocket expenses (including but not limited to: pharmacy receipts, medical supply receipts) and your mileage to and from doctors, physical therapists, etc. If you return to work after an accident and are making less money as a result of your injury or disability, you should keep careful track of your earnings. You should keep all of your pay stubs and make extra copies of your tax documents you filled out as well as any medical reports which were submitted with the application. You should see a doctor on a regular basis so that your injuries will be sufficiently documented. Keep a list of every doctor, chiropractor, physical therapist, radiologist, hospital and pharmacy. The list should include the name, address and telephone number of the health care provider, as well as the dates of treatment. Tell us immediately when you treat with a new doctor or facility so that we can update our file. WHAT GREY & GREY DOES We will investigate your claim and, if indicated, prepare and file a summons and complaint beginning the lawsuit. Once we begin lawsuit, we are dedicated to obtaining the best possible result for our clients. We will have competent associates, paralegals and staff that are informed about your case and able to speak with you when you call. We will ordinarily pay the costs associated with bringing a lawsuit, such as court fees, investigative charges, etc... Under New York State ethics rules, however, the client is ultimately responsible for these costs. If we obtain a recovery for you, costs that we paid for you must be deducted from that recovery. We will appear at all court conferences or hearings which are scheduled in your case. We will try to obtain the best possible recovery for you. This may require waiting until the time of trial, as defendants often are willing to settle for more money later in a case. If your case cannot be settled, we will represent you at trial and argue on your behalf. Insurance companies sometimes hire investigators to observe a plaintiff and take statements from them. You should tell anyone who wants information about your claim to contact Grey & Grey. You are advised not to talk to anyone about your claim unless they either work for Grey & Grey or unless we assign them to work on your case. If you file any other claim (such as workers compensation, social security, unemployment, etc.) after your accident, you should make certain that we have copies of any application you filled out as well as any medical reports which were submitted with the application. If you are out of work and totally disabled for six months or more, you should call Grey & Grey to ask if you are eligible for Social Security Disability Benefits.

8 -8- TOP TEN THINGS UNION MEMBERS NEED TO KNOW ABOUT WORKERS COMPENSATION 1. Report the Accident to Supervision As Soon As Possible. - The Workers Compensation Law gives you 30 days, but it is best to report the accident as soon as possible. 2. See a Doctor That Handles Workers Compensation Cases. - The entire workers compensation system runs on medical reports. The hospital, your family doctor, and other doctors who are not coded by the Workers Compensation Board will probably not file the C-4 reports you need to win your case. - You must see the doctor at least once every three months as long as you are out of work. The employer or insurance company doesn t have to pay you compensation for any period in which there is no medical evidence. 3. File a C-3 Form With the New York State Workers Compensation Board. - You should receive a C-3 form as part of the incident report package. They are also available at all locations of the Workers Compensation Board, online at (common forms), and from Grey & Grey. 4. Get Legal Representation. - Neither the employer nor the Workers Compensation Board will make certain that you get the proper benefits. It is likely that they will try to close your case without holding a hearing, and if there is a hearing there will be a lawyer there to represent the employer and the insurance company. You will probably need a lawyer and should have one sooner rather than later. 5. Attend I.M.E. Exams. - There s nothing independent about the independent medical examiners (I.M.E.s) they work for the insurance company. However, you still have to go to the exams. - When filling out questionnaires at the I.M.E. appointments, be truthful. If you answer a question incorrectly, you may be accused of fraud, and if the Board finds against you, you can lose all of your workers compensation benefits, be terminated, and prosecuted criminally.

9 -9-6. Keep Track of Out-Of-Pocket Expenses. - You are entitled to be reimbursed for travel to and from your doctors and the I.M.E.s, prescriptions, bandages, canes, crutches, etc.. Keep track of the expenses on a piece of paper, keep the receipts together, and give them to your attorney (with the total) at a hearing for submission to the insurance company for reimbursement. 7. Attend Hearings. - Be on time (early if possible). Some judges will call your case precisely at the scheduled time and hold the hearing without you; other times you will have to wait to be called. It s safer for you to be early than late. - Bring your most recent medical report with you. 8. Keep Track of Workers Compensation and Salary Payments. - Keep an accurate record of what you are paid while you are out of work, whether your payments come from the employer or from an insurance company. Sometimes the insurance company is entitled to take credit for what you were paid while out, and it is important to have a good record to work from. Other times there may be questions about whether proper payments were made, and having your own record can be very helpful. 9. Keep Track of Your Earnings On Return to Work. - If you are making less money when you return to work, including loss of overtime due to injury, keep copies of your paystubs. If it can be shown that you are making less money because of your injury, you may be entitled to workers compensation on for the loss of income. 10. Be Aware of All Your Rights. - Unemployment Insurance: If your status is restricted work, no work available, you may be eligible for unemployment in addition to workers compensation. You will have to tell unemployment that you have a workers compensation claim and that you are restricted. - Social Security Disability: If you are out of work for six months and it appears that you will be out for over a year, you may be eligible for Social Security Disability. Contact Grey & Grey. However, unless the injury was the result of an assault, if you are out for one year you will be terminated under Article Crime Victims Compensation: If the injury was the result of an assault, you may be eligible for Crime Victims Compensation Benefits. Go to for information and forms.

10 No-Fault: If you are injured while using or operating a motor vehicle, you may be eligible for No-Fault benefits additional to workers compensation benefits. However, a No-Fault application must be filed within 30 days of the accident date. If you were using or occupying your employer s vehicle, the employer s No-Fault insurer is responsible. No-Fault applications are available from Grey & Grey. - Pension: Application can be made for service or disability pension if you belong to a public or private pension plan. - Long Term Disability: Many workers have private disability insurance policies that pay for time out of work. These policies are all different, so you have to read your policy to find out if you are eligible, what the benefits are, and whether they are reduced (offset) by workers compensation payments. -Third Party Action: You cannot sue your employer or your co-workers (including supervisors) for negligence. However, if you are injured because of the negligence of someone who does not work for your employer (for example, an outside contractor, someone driving a private vehicle, etc.) you may be able to bring a lawsuit in addition to your workers compensation claim. Contact Grey & Grey if you think you may have a case. You are covered for disability benefits if: A GUIDE TO NYS DISABILITY BENEFITS AND (1) You worked for 4 or more consecutive weeks before becoming disabled; OR (2) You were receiving unemployment benefits before becoming disabled; (1) You are disabled from a non-work-related cause; OR (2) You are disabled from a work-related cause BUT your workers compensation claim is controverted (the claimant must have a C-7 form). You are required to give notice to the employer within 30 days of the onset of the disability. The application form is a DB-450 form. If notice is given late, the insurance company s liability for retroactive payment is limited to 2 weeks before the date notice was given. For example, if you don t file a DB-450 until you have been disabled for 6 weeks, then you will lose benefits for the first four weeks. The statute of limitations for DB is 26 weeks. If the claim is not filed within 26 weeks, the claim is time-barred and you cannot receive benefits. The amount of the statutory disability benefit amount is $170 per week. It is payable for a maximum of 26 weeks, is subject to deduction for taxes, and no medical expenses are payable.

11 -11- If the injury or disability is later found to be covered under workers compensation, the disability benefits payments will be deducted from the workers compensation award covering any weeks in which DB was paid. You cannot receive more than 26 weeks of disability benefits in any 52 week period. You are also not entitled to disability benefits for periods in which there is no medical proof of disability; for injuries caused by the willful intent to injure yourself or someone else; for any day you are at work; for any day in which payment you are paid by the employer; or for any period in which you would have been disqualified from unemployment. WHAT YOU NEED TO KNOW ABOUT OCCUPATIONAL HEARING LOSS WHAT IS OCCUPATIONAL HEARING LOSS? It is well known that exposure to loud noise can damage your hearing. It has also been found that people who work in jobs where they are routinely exposed to loud noise often suffer from hearing loss. This is called occupational hearing loss in the workers compensation system. Many jobs in construction, transportation, and manufacturing involve significant noise exposure and result in hearing loss. WHAT CAN I DO ABOUT IT? The best defense against occupational hearing loss is the use of hearing protection, preferably over-ear protective devices. Unfortunately, the nature of many jobs either prevents these devices from being used or requires that they be taken off from time to time, reducing their effectiveness. WHAT BENEFITS ARE AVAILABLE? If you work in a noisy occupation for more than 90 days, the New York State Workers Compensation Law provides money awards for occupational hearing loss. The loss must be within a certain range, and must be greater than typical age-related hearing loss. An attorney with experience in occupational hearing loss cases can tell whether your hearing loss is in the compensable range by looking at the results of a hearing test (called an audiogram). The amount of the money benefits that you might receive depends on several factors, including how much you earn, when your claim is filed, and the extent of your hearing loss. In some cases, the award may be a few thousand dollars; in others, it may be tens of thousands of dollars. If there is a compensable hearing loss, then medical treatment (including hearing aids) is also covered by workers compensation.

12 -12- WHEN SHOULD I FILE? The law offers a wide range of time limits for the filing of occupational hearing loss claims. However, if you file too late you may still be denied benefits. In general, the rule is that you must wait three months after you are removed from noise exposure to file your claim, and then you must file within two years. Therefore the time limit is normally two years and three months after you are removed from the noise-exposed job. Removal from the noise exposure can be retirement, transfer to a non-noise-exposed job, or the use of effective hearing protection provided by the employer. However, if you are removed from the noise exposure but are still employed by the same employer, you can wait until you leave that employer to file the claim the law does not require you to file a hearing loss claim against your current employer. In general, if you are a long-term employee of a single employer, you should file a hearing loss claim when you retire. However, if you are out of work for 3 months or more because of another medical problem, injury, or situation, you may file a hearing loss claim while still employed. We recommend that you have your audiogram checked before filing a claim. If the audiogram does not show a compensable hearing loss, it may be best not to file. If a retired worker discovers a hearing loss more than 2 years and 3 months after retirement, or does not learn that it is work-related until the time limitation has expired, the law provides an additional 90 days to file a claim from the date the hearing loss is discovered, even if it is beyond the usual time limitation. However, these claims are difficult; it is best to have your hearing checked, the audiogram reviewed, and the claim filed soon after you retire (or are removed from the noise-exposed job). HOW CAN WE HELP? At Grey & Grey, our job is to make sure that you get the benefits you are entitled to. If you call us, we will review your audiogram, file your claim, advise you about the necessary medical evidence, and represent you at the Workers Compensation Board. If you have any questions, or if you think you might have a claim, please call one of our offices.